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Resolution 2006-003 RESOLUTION NO. 06- ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR THE PROPERTY TO BE USED FOR A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT, FOR A 18.I-ACRE PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, pursuant thereto rhe County has adopted a Land Development Code (Ordinance No. 04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the proposed Conditional Use, allowed by Section 2.04.03, Table 2 of the Collier Counly Land Development Code, in the Rural Agricultural (A) zoning district to be used for a Church Facility on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1O.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of Collier County, Florida, that: The petition filed by Laura Spurgeon of Johnson Engineering representing Living Word Family Church with respect to the property described as the West Y2 of the East Y2 of the West Y2 of the Northeast t;.lless the South 10' thereof and the North 10' thereof for road right-of-way of Section 30, Township 48 South, 27 East, Collier County, Florida, less and except the right-of-way of Immokalee Road (County Road 846) as recorded in Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida, further described as Folio number 00214920002, be and the same is hereby approved for a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03, Table 2 of Page I of 2 the Collier County Land Development Code in the Rural Agricultural (A) zoning district in accordance with the Conceptual Master Plan (Exhibit "B"), subject to the conditions set forth in Exhibit "C", which is attached hereto and incorporated by reference herein. This Resolution , rl I t. day of aclopted after motion, second and super-majority vote, this 1 it 4( G ,2006. / ( BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: /uJ-w. ~ Fred W. Coyle ,Chw a ATTEST:. DWIGHT E. BRGCKCLERK W, t-OC At~li~,Dto thl~~n" "gAlt... onl. Ap ro leg s o form and ~ tzkow nty Attorney CLJ-2005-AR-7749/HW/sp Page 2 of 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2005-AR-7749 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes~ No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 1 Affect mitigated by ~ .ubtvlY"Q./~~ _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: Ifr i /0;) CHAIRMAN: fh~) EXHIBIT A ~ j :; ;5 , " i , I~ I " I: '1 , " I~ o ,~ 'i ~ ,COLLIER COUNTY, FLORIDA IMMOKALEE ROAD h...--J I I I IHlp ie . II I 'In'l :~ I, ,j, .. ;0.;: " . - i.s~ :rl ~ OJ ;0 ,. . ~ ~ " ~ " I I '11 I II 1\ ~!r J . I ..' I m I " I I ".t." " -l;,'. -I , i' " ~ I' ., I:' r , , " " H H Ii j: mf!jDI ~ , HI!! ~ 'l " ",liP I I , I , , , I :1 \J l J ,lI g I l! i' I , ! II! I .~ I ~ ~ . ;~ I Mi - . , ~ . .. .. . ! i: ~ :a ~ ~ ,l; ~ . ~ - ENGINEERING 2J~ STAN~ORO COURT "IAPlE'S,flORlO")4112 PHOOlE(ZJ9)4)4_03JJ rAX(239)4J4_QJ20 t.B. 1642.1e LB. 1642 1 o ~O' '00' 200' SCAlE'\"_100' trl X ::r g: - t:ll := t:I"" ("'l: toJ>::C<::1 =~O~l ~ ~ ~ 01 ..... u ~ Q I ::;-<'"l'l' -~...,> r--:u:" t"'l =N I _OQ-...I >UlQ-....J "" "'.... ... ='" en ... = = ~ ... LIVING WGRD FAMILY CHURCH CONCEPTUAL SITE PLAN ... 05(20/05 EXl-IIaITQ CONDITIONS OF APPROVAL CU-2005-AR-7749 I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Living Word Family Church Conceptual Site Plan," prepared by Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance 04,41, as amended. 3. The project must obtain an environmental resource permit from the South Florida Water Management District (SFWMD) prior to issuance of any site plan approvals. 4. The applicant will provide, at the County's request, a wellsite easement located in a previously impacted area in the southeast portion of the subject property measuring approximately 50 feet by 70 feet, to be accessed via the Cannon Boulevard access easement. The County will obtain all necessary South Florida Water Management District permits associated with utilization of the site for the requested purpose. 5. Services will be limited to evenings, weekends and holidays until the Immokalee Road (CR 846) widening project is complete from Wilson Boulevard to Collier Boulevard (CR 951). 6. No day care facilities are approved as a part of this Conditional Use petition. EXHIBIT "c" CU-2005-AR-7749 '-_._'--~>-_..._.-.,---_..,..-